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COMPENSATION RIGHTS DUE TO FLIGHT DELAYS AND CANCELLATIONS – A SAMPLE COURT DECISION

Air travel is one of the most important means of fast transportation, both domestically and internationally. However, flight cancellations or prolonged delays that passengers occasionally face can lead to serious inconveniences. In such cases, passengers have the right to claim compensation from airline companies. Especially in recent years, lawsuits and consumer arbitration board decisions regarding these rights have often ruled in favor of passengers.

In this article, we will examine the right to compensation due to flight delays in detail, in light of relevant legislation and a recent court decision.

Right to Compensation Due to Flight Cancellation: Under What Circumstances Is It Possible?

In Turkey, the rights of airline passengers are primarily protected under Law No. 6502 on the Protection of Consumers (Tüketicinin Korunması Hakkında Kanun - TKHK) and the Regulation on the Rights of Passengers Traveling by Air, published in the Official Gazette on 03.12.2011.

Can Passengers Receive Compensation Under the Regulation?

Article 6 – "Flight Cancellations"
According to this article, passengers are entitled to compensation if:

• They were not informed at least two weeks before the scheduled departure time, or

• No alternative transportation plan was provided upon cancellation.

Article 8 – Compensation Amounts
Compensation amounts based on flight distance are as follows:

• Flights up to 1,500 km: 250 EUR

• Flights between 1,500 – 3,500 km: 400 EUR

• Flights over 3,500 km: 600 EUR

The compensation is calculated in Turkish Lira (TRY) based on the Central Bank of the Republic of Turkey (TCMB) foreign exchange selling rate on the date of ticket purchase.

Airline Company’s Liability in Case of Flight Cancellation

Duty of Care as a Prudent Merchant
Under Article 18 of the Turkish Commercial Code No. 6102, an airline company must act as a prudent merchant. For example, it should foresee potential disruptions (such as strikes, maintenance work, or adverse weather conditions), inform consumers in a timely manner, and offer alternative plans.

Failure to take these measures may result in compensation liability.

What Should Passengers Do in Case of Flight Cancellation?

1. If the cancellation notice was not received via SMS, email, or mobile app notification, document this.

2. Collect all evidence of damages (accommodation, transportation, loss of business, etc.) caused by the cancellation.

3. First, apply to the airline company and request compensation in writing.

4. If no resolution is reached, file a complaint with the Consumer Arbitration Board.

5. If necessary, file a lawsuit in consumer courts to claim your rights.

SAMPLE COURT DECISION

"IN THE NAME OF THE TURKISH NATION"
REPUBLIC OF TURKEY
ADIYAMAN 4TH CIVIL COURT OF FIRST INSTANCE
(ACTING AS A CONSUMER COURT)

Case No: 2023/47
Decision No: 2024/103

Plaintiff: TURKISH AIRLINES INC.
Defendant: MEHMET – (Residing in Besni/ADIYAMAN)

Subject of the Case: Objection to the Consumer Arbitration Board’s Decision

Summary of the Case:

• The defendant (passenger) purchased a ticket for a Lisbon-Istanbul flight (TK 1760) scheduled for 25.08.2022.

• The flight was canceled due to a fuel supplier strike (claimed as force majeure by the airline).

• The Adıyaman Consumer Arbitration Board ruled in favor of the passenger, ordering 12,680 TRY in compensation.

• Turkish Airlines objected, arguing that:

  • The cancellation was due to a strike beyond their control (force majeure).

  • Even if compensation applied, it should not exceed 400 EUR (7,200 TRY) since the flight distance was 3,220 km.

Court’s Evaluation:

• The strike notice was received by the airline on 12.08.2022 (before ticket purchase on 24.08.2022).

• The airline failed to inform the passenger at least two weeks in advance, violating Article 6 of the Regulation.

• The flight distance (3,220 km) fell under 400 EUR compensation, not 600 EUR.

• The Consumer Arbitration Board’s decision was partially upheld, reducing compensation to 7,217.52 TRY (400 EUR at the exchange rate on the ticket purchase date).

Final Ruling:

• The court partially accepted the airline’s objection.

• The compensation was adjusted to 7,217.52 TRY (instead of 12,680 TRY).

• The airline was ordered to pay legal fees and attorney costs.

Conclusion: Passengers Have Strong Rights Against Airlines

In cases of flight cancellations and delays, passengers' compensation rights are clearly protected by law and supported by court decisions. Both the Regulation on Passenger Rights and established legal precedents ensure that such grievances are addressed.

If you have been affected by a flight cancellation, do not hesitate to seek legal assistance and claim your compensation rights.